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1 1115557-2 : n : 01/19/2010 : MCS / th LRS2009-5077R1

8 SYNOPSIS: This bill would propose a local

9 constitutional amendment for Baldwin County that

10 would provide garbage, household waste, rubbish,

11 industrial solid waste and solid waste may only be

12 disposed of in landfills owned by Baldwin County;

13 would provide an exemption for certain contracts;

14 and would provide that the county may not charge

15 rates exceeding rates for similar services charged

16 by public and private landfill operators in

17 surrounding counties and would provide for

18 violations to the amendment.

19 The bill would require the county governing

20 body to create the Baldwin County Solid Waste

21 Management Authority to make recommendations to the

22 county governing body relating to the operation of

23 county landfills.

24

25 A BILL

26 TO BE ENTITLED

27 AN ACT

28

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1 To propose an amendment to the Constitution of

2 Alabama of 1901, relating to Baldwin County, to provide that

3 only county-owned solid waste landfills may be used for the

4 disposal of garbage, household waste, rubbish, industrial

5 solid waste and solid waste, provide for certain exempted

6 contracts, and provide that the county may not charge rates

7 exceeding rates for similar services charged by public and

8 private landfill operators in surrounding counties, provide

9 for violations to the amendment and to require the county

10 governing body to create the Baldwin County Solid Waste

11 Management Authority to make recommendations to the county

12 governing body relating to the operation of county landfills.

13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

14 Section 1. The following amendment to the

15 Constitution of Alabama of 1901, is proposed and shall become

16 valid as a part of the Constitution when all requirements of

17 this act are fulfilled:

18 PROPOSED AMENDMENT

19 (a) Except as provided in subsection (c), in Baldwin

20 County, only county-owned solid waste landfills may be used

21 for the disposal of garbage, household waste, rubbish,

22 industrial solid waste and solid waste as defined in Section

23 22-27-1 et seq Code of Alabama 1975. The rates for disposal at

24 county-owned or operated solid waste landfills shall not

25 exceed the established gate rates for similar services charged

26 by publicly or privately owned solid waste landfills that

27 process similar average daily volumes as the county-owned or

28 operated landfills in the following counties: Mobile,

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1 Escambia, Washington, Monroe, Clarke, Conecuh, and Escambia

2 County, Florida.

3 (b) The county governing body shall create the

4 Baldwin County Solid Waste Management Authority comprised of

5 five members at least three two of whom shall be mayors of

6 municipalities in Baldwin County. The committee shall

7 recommend methods of operation, communications, rates,

8 municipal recycling programs, revenue sharing, and other solid

9 waste landfill functions as requested by the county governing

10 body.

11 (c) Contracts in effect on December 1, 2009, between

12 municipalities and other entities for solid waste collection

13 and disposal, including, but not limited to, dumpster

14 contracts and recycling programs, are exempt from this

15 amendment.

16 (d) Any person, firm or corporation found in

17 violation of this amendment shall be guilty of a misdemeanor

18 and, upon conviction, shall be fined not less than $50.00 nor

19 more than $200.00, and, if the violation or failure or refusal

20 to obey or comply with this amendment is a continuing one,

21 each day's violation shall constitute a separate offense and

22 shall be punished accordingly. All citations to violators of

23 this article shall be served by any lawful officer or by the

24 Solid Waste Officer.

25 Section 2. An election upon the proposed amendment

26 shall be held in accordance with Amendment 555 to the

27 Constitution of Alabama of 1901, now appearing as Section

28 284.01 of the Official Recompilation of the Constitution of

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1 Alabama of 1901, as amended, and the election laws of this

2 state.

3 Section 3. The appropriate election official shall

4 assign a ballot number for the proposed constitutional

5 amendment on the election ballot and shall set forth the

6 following description of the substance or subject matter of

7 the proposed constitutional amendment:

8 "Relating to Baldwin County, proposing an amendment

9 to the Constitution of Alabama of 1901, to provide that only

10 county-owned solid waste landfills may be used for the

11 disposal of solid waste, with certain exemptions, and that the

12 county may not charge established gate rates exceeding said

13 rates for similar services charged by public and private solid

14 waste landfill operators in surrounding counties, provide for

15 violations to the amendment and providing that the Baldwin

16 County governing body shall create the Baldwin County Solid

17 Waste Management Authority to recommend methods of operation,

18 rates, and other functions requested by the Baldwin County

19 governing body.

20 "Proposed by Act _________."

21 This description shall be followed by the following

22 language:
23 "Yes ( ) No ( )."

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